28 U.S. Code § 2075 - Bankruptcy rules

The Supreme Court shall have the power to prescribe by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure in cases under title 11.

Such rules shall not abridge, enlarge, or modify any substantive right.

The Supreme Court shall transmit to Congress not later than May 1 of the year in which a rule prescribed under this section is to become effective a copy of the proposed rule. The rule shall take effect no earlier than December 1 of the year in which it is transmitted to Congress unless otherwise provided by law.

The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section
707(b)(2)(C) of title
11 and may provide general rules on the content of such statement.

2005—Pub. L. 109–8inserted at end “The bankruptcy rules promulgated under this section shall prescribe a form for the statement required under section
707(b)(2)(C) of title
11 and may provide general rules on the content of such statement.”

1994—Pub. L. 103–394amended third par. generally. Prior to amendment, third par. read as follows: “Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May and until the expiration of ninety days after they have been thus reported.”

1978—Pub. L. 95–598substituted “in cases under title 11” for “under the Bankruptcy Act” and struck out provisions directing that all laws in conflict with bankruptcy rules be of no further force or effect after such rules have taken effect.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–8effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 ofPub. L. 109–8, set out as a note under section
101 of Title
11.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–394effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 ofPub. L. 103–394, set out as a note under section
101 of Title
11.

Pub. L. 98–353, title III, § 320,July 10, 1984, 98 Stat. 357, provided that: “The Supreme Court shall prescribe general rules implementing the practice and procedure to be followed under section
707(b) of title
11, United States Code. Section
2075 of title
28, United States Code, shall apply with respect to the general rules prescribed under this section.”

Applicability of Rules to Cases Under Title 11

Pub. L. 95–598, title IV, § 405(d),Nov. 6, 1978, 92 Stat. 2685, provided that: “The rules prescribed under section
2075 of title
28 of the United States Code and in effect on September 30, 1979, shall apply to cases under title 11, to the extent not inconsistent with the amendments made by this Act, or with this Act [see Tables for complete classification of Pub. L. 95–598], until such rules are repealed or superseded by rules prescribed and effective under such section, as amended by section
248 [247] of this Act.”

Additional Rulemaking Power

Pub. L. 95–598, title IV, § 410,Nov. 6, 1978, 92 Stat. 2687, provided that: “The Supreme Court may issue such additional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system created by this Act [see Tables for complete classification of Pub. L. 95–598].”

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